Title: Student Disciplinary Procedure - City College Norwich

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Title: Student Disciplinary Procedure POLICY HOLDER:

Vicki Gallagher

Executive Holder:

Jacky Sturman

VERSION NO:

4 (2013)

DUE DATE FOR REVIEW:

August 2013

Procedure to be followed when an allegation of unsatisfactory conduct is made against a student. SUMMARY:

 

 

 

STUDENT DISCIPLINARY PROCEDURE CONTENTS

Page

Purpose and Scope

4

Exceptions

4

Initial Decision Making

4

The Disciplinary Framework  Stage 1 Verbal Warning

5

 Stage 2 First written Warning

5

 Stage 3 Final Written Warning

5

 Stage 4 Disciplinary Hearing

6

 Right of Appeal

10

 Appeal

10

 Police Involvement

11

 Confidentiality

11

 Appendices Appendix 1

Form VW

12

2

Stage 2 First Written Warning Letter

13

3

Stage 3 Final Written Warning Letter

14

2

Page

Appendix 4

Letter advising Student of Suspension

15

5

Letter advising details of the Disciplinary Hearing to the Student

16

6

Letter advising Disciplinary Hearing decision to the Student

17

7

14 – 16 WRL Behavioural Policy Flow 20

19

8

Report form re Disciplinary Panel Hearing 20

9

Learning/Behavioural Agreement

10

Suggested Record of Student Disciplinary 24 Interview

11

Student copy of the policy

21

25

3

CITY COLLEGE NORWICH STUDENT DISCIPLINARY PROCEDURE Purpose and Scope The purpose of this procedure is to enable College staff to deal with student disciplinary issues in a consistent and fair manner. It provides for the orderly investigation and resolution of cases of alleged unsatisfactory conduct and will be initiated:(a) When a student is alleged to have broken College rules, regulations and procedures. (b) When a student is alleged to have breached the Equality Statement (available on the College website, blackboard and the student handbook). (c) When gross misconduct is alleged (see para 4.4.1). (d) For students in the 14 – 16 age group please refer to the 14 -16 WRL Behavioural Policy. See Appendix 7 for Flow Chart. 2

Exceptions

2.1

Minor infringements of discipline should be dealt with by either the student’s Personal Tutor or the Programme Manager.

2.2

In cases of irregular attendance or persistent student absence the College Student Absence Procedure should be referred to and applied.

2.3

Failure to submit work in accordance with study guidelines. In such cases if the Head of School considers exclusion this must be discussed with the Principal prior to the hearing. The Principal will then be consulted after the hearing before exclusion can be invoked.

2.4

Students who have a medical condition, Learning difficulty or disability which could be related to their lack of discipline. In such cases the Admissions and Review panel should be convened. See the separate Admissions and Review panel Procedure for details.

3

Initial Decision Making The Head of School will need to decide, based on the information available, whether an alleged incident warrants application of the formal disciplinary procedure and if so, at what stage (see below). Further investigation by the Head of School may be needed before making this decision. The purpose of the investigation is to ascertain promptly the facts and circumstances relating to the alleged incident, to record the findings, and to make a judgement as to whether the disciplinary procedure should be invoked. If, in the judgement of the Head of School, disciplinary action is not to be invoked then no record should be maintained on file. 4

Due account should be taken of the stressful nature of a disciplinary investigation and, if it is thought appropriate, a member of staff or Student Union official unconnected with the original complaint and disciplinary processes should advise and support the student. Depending upon the severity of the incident, the disciplinary procedure can be implemented at any stage. For example, a case of gross misconduct would warrant a disciplinary hearing as the initial response. In exceptional circumstances it may be necessary to suspend a student pending the outcome of the disciplinary hearing. In such cases reference must be made to a member of the Executive Team. If suspension of a student is agreed the procedure detailed below must be followed. 4

The Disciplinary Framework

4.1

Stage One – Verbal Warning For a minor breach of College regulations a verbal warning may be considered sufficient. If so, it should be delivered in private by the student’s Personal Tutor. The student will be told why his/her behaviour does not meet an acceptable standard and made aware of what he/she has to do in order to meet that standard. Such issues as disruptive behaviour in the classroom, persistent use of mobile devices and repeated failure to carry a college identity card may need to be dealt with in this way and separate guidance is available for these. See Appendix 1. Form VW should be completed to record the verbal warning and kept on the students file and the eILP for the remainder of that academic year.

4.2

Stage Two – First Written Warning For a more serious breach of College regulations, or for further breaches after a verbal warning has already been issued, a written warning should be given to the student. This should be from the Head of School and in the case of students aged under18 it must be copied to their parents/carer. It will include the student entering into a signed Learning/Behavioural Agreement. For sponsored students their employer must also be advised. A copy of the letter should be kept on the student’s file for the duration of their course. See Appendix 2. Letter template for advising a Stage 2 written warning. See Appendix 10. For the Learning/Behavioural Agreement.

4.3

Stage Three – Final Written Warning A final written warning should be given to the student for a breach of College regulations considered serious enough to issue a severe written warning as the first response, but not sufficiently serious to warrant a disciplinary hearing, or for further breaches of regulations by a student who has already received a written warning. The letter should be from the Head of School and copied to parents/carer/employer where appropriate (see 3.2. above). For a student who has not previously been required to enter into a signed Learning/Behavioural Agreement this should be included. Where a student has already entered into a Learning/Behavioural Agreement consideration should be given to revising its conditions. For sponsored students their employer must also be advised. A copy of the letter is to be kept on the student’s file for as long as they remain a student at College. 5

See Appendix 3. Letter template for advising a Stage 3 written warning. See Appendix 10. For the Learning/Behavioural Agreement. 4.4

Stage Four – Disciplinary Hearing

4.4.1 A disciplinary hearing will be held in the following circumstances:(a) A student’s conduct continues to be unsatisfactory despite warnings. (b) A student commits an act of gross misconduct. Examples of gross misconduct may include: Physical or verbal assault whilst on College premises or College related activities.  Harassment or bullying (see separate Bullying and Harassment Policy (Learners) for more guidance).  Possession of or dealing with illegal substances.  Alcohol abuse.  Vandalism.  Theft.  Abuse or misuse of computer equipment;  Infringement of the College Equal Opportunities policy.  Behaviour which brings the College into disrepute. This is not a definitive list. 4.4.2 If it is alleged a student has committed an act of Gross Misconduct, the matter is to be reported immediately to a member of the Executive Team who will decide, on the information available, if the student should be considered for suspension. Subsequently and wherever possible, the Head of School will interview the student concerned, who should be given the opportunity to state their version of events. Following this meeting if the Head of School determines that further action is necessary they must consult a member of the Executive Team to confirm the Disciplinary Procedure is to be invoked and if so what is the most appropriate method of dealing with the matter ie Stage 1 to 3 or a Disciplinary Hearing. The member of the Executive Team will review the allegation and confirm if the student should be suspended. The suspension of a student will always lead to a Disciplinary Hearing. At this stage the Head of School will also agree with a member of the Executive Team if they need to attend and chair the hearing which will be necessary if it is thought that the student could be excluded. If the student is to be suspended then they are to be verbally informed of the suspension. In some cases it may not be possible to see the student i.e. they have left the campus. In such instances every effort should be made to speak with them on the telephone. They should be informed of the nature of the allegation and that the suspension will be confirmed in writing. The student copy of this procedure must be included with the letter See Appendix 12 For students aged under 18 the letter must be copied to their parents/carer.

6

If the student concerned has not already given a statement of their version of events the letter must invite them to submit this to the Head of School. See Appendix 4 and Appendix 4.1. Letter template for advising a student suspension and parent / carer if appropriate. 4.4.3 Following the students suspension the Head of School will be responsible for: Monitoring the students period of suspension.  Ensuring that all appropriate witness statements, interview notes, reports are collated.  Ensuring all appropriate witnesses are requested to attend the disciplinary hearing.  Normally incidents, however serious, will be dealt with by the College under this procedure. There may, however, be cases where it is clearly the duty of the College to report the matter to the police. Where the Head of School feels the alleged offence warrants the police being involved and to ensure the College adopts a consistent and uniform approach to these incidents, the matter is to be discussed with a member of the Executive Team, whose agreement must be obtained.  Arranging with one of the following members of staff for them to chair a hearing to be held at the earliest possible date. A rota for the next person to chair is held by the Secretariat Services Team:Heads of School / Centre Directors Head of Higher Education and CCNQ 

 

4.4.4 

  

This will normally be within 2 weeks of the suspension of the student and only in exceptional circumstances will this deadline be extended ie student/witnesses not available because of holidays, sickness etc. In all cases where an extension is required the matter is to be discussed with the Principal or a member of the Executive Team, whose agreement must be obtained. Liaising with the Chair regarding statements that are required and witnesses who will be requested to attend. Advising the suspended student of the date of the hearing, ensuring that 5 working days notice is given See Appendix 5. Letter template for advising student of the hearing. The suspended student should be informed in the letter of the following:The date, time and place of the hearing. The place will normally be on College premises. NB. The Head of School may need to book additional rooms to ensure that the suspended student and any witnesses etc they might have requested are kept separate from any other parties. The nature of the allegation. A contact telephone number. The student is entitled to be accompanied by a family member/friend or representative. Where a student wishes to bring more than 2 representatives the Head of School in consultation with the Chair (see above) have discretion. The student must give at least 2 days notice to the Head of School and the names and relationship of anyone accompanying them. 7

 

The student is entitled to call witnesses. The student must give at least 2 days notice to the Head of School and the names of any witnesses they are calling. Advise the student if the College has or will be relying on statements it has collected and the names or any witnesses it proposes calling. The student is to be advised that they should arrive at least 30 minutes before the hearing in order that they can read any statements etc the college has collected. NB. Statements will not be sent to suspended students prior to the hearing as a matter of course. This is in order to protect the persons giving them. They must, however, be made available for reading by the suspended student prior to the hearing and the chairman must ensure the student has had adequate opportunity to read and understand the contents before the hearing commences. Similarly, in exceptional cases the names of witnesses the College proposes calling may be withheld until the hearing. The Chair should then advise the student at the hearing of the names of witnesses who have been called and the reason(s) why their names were withheld.

4.4.5

The hearing will be chaired by another Head of School / Centre or a Director who shall be drawn from the list as detailed in 4.4.2. The hearing must be minuted by a member of the Secretariat Services Team designated by the Secretariat Services Team Leader.  

  



The hearing will be conducted as follows:Prior to the hearing the suspended student (and if the allegation is that an act of Gross Misconduct was committed against another student then that student as well), must be given the opportunity of reading all statements. The Chair should then invite the suspended student and if present, their representative(s) to join the hearing. The Chair will deal with any introductions and procedural points. The Chair will detail the allegation(s) against the student, how the hearing will be conducted, the names of any persons involved and witnesses and when and in what order any other person involved or witnesses will be called. The Chair and/or the Head of School may put questions to any students, their representatives and witnesses. The suspended student (and with the Chair’s agreement) their representative(s) may put questions to any other student, their representatives and witnesses. This procedure will also apply to any other student involved. When the Chair is satisfied everyone has been heard and there are no more questions, the hearing will then sit in private to consider if the allegation is substantiated and if so what sanction(s) will be imposed. In arriving at their decision the hearing will take in to account the nature of the allegation, all statements both written and verbal and any mitigating circumstances. Once a decision has been arrived at the suspended student will be invited to rejoin the hearing and will then be advised of its decision. This may include:o Allowing the student to return to the college o A first and final written warning regarding future behaviour. o Entering into a Learning/Behavioural Agreement (A compulsory requirement when a student is allowed to continue at the College) o Suspension for a defined period o A request for permanent exclusion or exclusion for a set period of time (as detailed in 2.3) 8

o Restitution NB. Conditions may be set eg a formal apology, counselling, support etc.   

The Chair will be responsible for communicating the decision to the student within 5 working days by letter, copied to parents/carer/employer where appropriate (see 4.2. above). This letter must detail the student’s right of appeal (see 5 below). The Chair will also be responsible for ensuring that a report of the hearing is compiled and sent to the Principal. The papers will be stored electronically by the minute secretary in a central area. The Head of School for the learner’s curriculum area is to be responsible for ensuring the outcome of the hearing is implemented and any appropriate advices are issued. This is completed at the time of the hearing by the Head and given to the minute secretary to arrange. This is particularly important when a student is excluded from the college. In this case an advice of the student’s exclusion should always be sent to the following:o o o o o o

Executive Team Director of IT Services Library Services Manager Director of Campus Services Director of Finance Director of MIS Admissions and Examinations

The Head of School should also ensure that where an allegation is substantiated, the student’s file and eILP is suitably annotated and the record remains for as long as they remain at the College. 4.4.6

If the student fails to attend the hearing without offering an acceptable explanation, then it shall be conducted in their absence.

4.4.7

If for any reason the Chair decides a witness need not attend (eg there may be grounds for suspecting intimidation etc) or any witnesses are unable to attend, they will be entitled to submit a written statement to the Head of School at least 2 days prior to the hearing. The statement(s) will be read out by the Chair at the hearing and any appropriate parties asked to comment on the statement(s). Alternatively if a witness is prepared to attend but not appear before a suspended student and his/her representative, then at the discretion of the Chair, the hearing may see the witness on their own. In either case the suspended student should be informed of this action at the start of the hearing.

4.4.8

If at any time a student admits to an allegation of gross misconduct in writing, the matter can proceed immediately to a hearing. The hearing will be arranged and conducted in accordance with the procedure detailed in 4 above and its subsequent sections, with the following differences:   

The Chair of the hearing must be satisfied the student understands the allegation(s) and to what they are admitting. Apart from statements collected prior to the admission no, other statements need be taken. Witnesses need not be called. The student will be allowed to be accompanied and bring a representative as detailed in 4.4.4 above 9

4.4.9

The Chair’s decision in all matters shall be final. See Appendix 6. Letter template for advising the decision of the hearing to the student See Appendix 8. Report form for submission to the Executive Team See Appendix 9. Learning/Behavioural Agreement

5

Right of Appeal Students have the right to appeal against the decision of the disciplinary hearing on the following grounds: a. They have new evidence which is likely to alter the balance of the case and had valid grounds for not producing this evidence during the hearing; b. There has been misadministration in the conduct of the Disciplinary Procedure; c. They dispute the severity of the disciplinary action in relation to the seriousness of the misdeed. A student wishing to lodge an appeal must do so by writing to the Principal within 5 working days of receipt of the letter confirming the outcome of the disciplinary hearing (see 4.4.5). They should state the grounds for appeal (see above) and enclose any documents they wish to submit in support.

6

Appeal The arrangements for the appeal panel will be made by the Clerk to the Corporation. The appeal panel will comprise a College Governor, the Principal (or their nominee) and a member of academic staff, none of whom should have been involved in either the alleged incident or the earlier disciplinary hearing. The Governor will chair the panel and the Clerk to the Corporation or a secretary shall record minutes. The procedure to be followed will be as set out in 4.4.4 and 4.4.5 above with the exception that dependent on the grounds of the appeal it may not be necessary to call witnesses. The student will be informed of the outcome of the appeal in writing within 5 working days. If the appeal is upheld then the possible outcomes are: Delete all references to the disciplinary action from the student’s file. A copy of the appeal papers to be kept confidentially on the College central file for the duration of the student’s course, plus 6 years. This could apply in cases where the appeal was on grounds 5(a) or (b).  The disciplinary action is reduced and the record on the student’s file is updated accordingly. This could apply in cases where the appeal was on grounds 5(a) or (c). There will be no further right of appeal.

10

7

Police Involvement The College reserves the right to involve the police when any act of a criminal nature is alleged. In such circumstances a student may be suspended pending the outcome of police enquiries, without making assumptions of guilt or innocence in respect of the allegations. See also 4.4.3 above.

8

Confidentiality All disciplinary hearings will be treated as confidential to the parties concerned. After the hearing (and appeal if applicable) all related papers will be disposed of confidentially an electronic copy will be held centrally and kept for the duration of the student’s course plus 6 years, whether the hearing finds against the student or not. Where an allegation is substantiated a record will also be kept on the student’s file and eILP for as long as they remain a student at College. NB 1. a) In all cases where reference is made in this procedure to the Head of School and they are unavailable, the matter should be referred to their Deputy (Programme Manager). b) If the Deputy is unavailable then the matter should be referred to a member of the Executive Team. 2. In order to assist staff in recording Disciplinary interviews a form is included in Appendix 10.

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Appendix 1 CITY COLLEGE NORWICH STUDENT DISCIPLINARY PROCEDURE RECORD OF VERBAL WARNING (FORM VW1) Student Details Name: Course: Year of Course:

Personal Tutor:

Verbal Warning Details Warning issued on (Date)_______________________

Brief details of misconduct:

By_______________________ (Name) (Position)

Expected change in behaviour:

Staff signature: 12

Appendix 2

Student Disciplinary Procedure Suggested wording for first written warning

Name Address

Dear (Name)

On (date) you were given a verbal warning by your Personal Tutor about your behaviour whilst at College. You were asked to comply with the College Rules, Regulations and Procedures in the future. Since that warning, you have breached the College Rules, Regulations and Procedures again on (date) in the following manner: (give details of misdemeanour). This behaviour is unacceptable. With immediate effect, I expect you to conduct yourself in accordance with College Rules, Regulations and Procedures. In order to assist you and ensure that you are complying, you are now required to sign a Learning/Behavioural Agreement. Failure to sign this agreement or comply with its terms will result in further disciplinary action which could lead to permanent exclusion Yours sincerely

Head of School cc Parent/Carer/Employer (where applicable)

13

Appendix 3 Student Disciplinary Procedure Suggested wording for final written warning

Name Address

Dear (Name)

On (date) we wrote to you about your conduct whilst at College and asked that in future, you conduct yourself in accordance with the College Rules, Regulations and Procedures. Insert as appropriate (You also entered into a Learning/Behavioural Agreement dated …. ) I have been informed that on (date) you breached the College Rules, Regulations and Procedures again in the following manner: (give date and details of the misdemeanour). This behaviour is unacceptable and I am writing to advise you that with immediate effect I expect you to abide by the College Rules, regulations and Procedures. This letter is a final warning and if any further incidents occur, you will be required to attend a disciplinary hearing which may lead to your suspension and ultimately your permanent exclusion from the College. Insert as appropriate (You will also be required to enter into a new Learning/Behavioural Agreement). Or (In order to assist you and ensure that you are complying, you are now required to sign a Learning/Behavioural Agreement. Failure to sign this agreement or comply with its terms will result in further disciplinary action which could lead to permanent exclusion).

Yours sincerely

Head of School cc Parent/Carer/Employer (where applicable)

14

Appendix 4 Student Disciplinary Procedure Suggested wording for student suspension

Name Address

Dear STUDENT NAME

I am writing to you regarding the alleged incident (state what the alleged incident was) which occurred on (date and if known time). This letter is to confirm your suspension from the College pending the matter being investigated at a Disciplinary hearing. The hearing will be convened as soon as possible and I will write to you again, once a date and time have been fixed to give you more detailed information. In the meantime please note the following:1. A copy of the Student Disciplinary procedure is attached for your information 2. As you have not yet been able to give a statement of your version of events I should be grateful if you would now prepare this and send to me as soon as possible. Please remember to sign and date it. (Insert/delete as appropriate) 3. Pending the hearing you must under no circumstances return to the college or its campus without my express permission.

If you have any immediate questions then please contact me 01603 773ext.

Yours sincerely

Member of Executive Team

cc Parent/Carer/Employer (where applicable) Enc

15

Appendix 4.1 Student Disciplinary Procedure Suggested wording for student suspension notification for parent / carer Our Ref: Notification to Parent of suspension

To the Parent/Carer of Address

Date

Re: Suspension of I am writing to inform you that STUDENT NAME is suspended from the College following involvement in an incident in the xxxx on the afternoon of (date) I enclose a copy of the letter sent to your STUDENT NAME for your information. Yours sincerely

Executive Team

Enc

16

Appendix 5 Student Disciplinary Procedure Suggested wording for advising a Disciplinary hearing

Name Address

Dear (Name) Re Disciplinary hearing arranged for (date) at (time). I am writing to you in connection with the allegation that on (state and nature of allegation e.g. on Friday 10th March 2006 you physically assaulted XYZ), thereby and in accordance with the Student Disciplinary procedure committing an act of Gross Misconduct. The date of the hearing has now been arranged as detailed above and you are requested to attend. In connection with this hearing please note the following:1. You should arrive at the college at least 30 minutes before the hearing time. This is so you can have the opportunity of reading all statements collected by the College 2. On arrival please report to the main reception. 3. Please note that in accordance with the Student Disciplinary Procedure you may be accompanied by a family member or friend. You are also entitled to call witnesses (see section 4.4.4.). You must, however, give 2 days’ notice to the Head of School, including names, if you are to be accompanied or intend calling witnesses. 4. The College is also entitled to call witnesses. At the present time it intends calling the following :-……………….. or at the present time it is not the intention to call any witnesses but it reserves the right to do so.

Pending the hearing you remain suspended from the College and I would remind you that you can only enter the campus with my express permission. If you have any questions arising from this letter or any other matter connected with the allegation you may contact me on (Tel No). Yours sincerely

A member of the Executive Team cc Parent/Carer/Employer (where applicable). Enc.

17

Appendix 6 Student Disciplinary Procedure Suggested wording for advising the decision of the hearing to the student

Name Address

Dear (Name)

Re Disciplinary hearing held on (date) at (time). I am writing further to the Disciplinary hearing detailed above to confirm the decision. In respect of the allegation that you (detail allegation and date ie on Friday 10th March 2006 you physically assaulted XYZ), thereby and in accordance with the Student Disciplinary procedure committing an act of Gross Misconduct the hearing has insert (A)* upheld the allegation or (B)** the panel has dismissed the allegation. (A)* The decision of the hearing is :1. Insert decision eg you are excluded from the College for the remainder of this academic year or permanently excluded or will be allowed to return with effect from (insert date) etc. 2. Insert conditions e.g. Your return will be subject to you agreeing to apologise to….. or accepting support from the College with your behavioural problems etc etc. 3. Insert as appropriate You will be required to enter into a signed Learning/Behavioural Agreement (copy attached). 4. Insert if appropriate – Please note that this letter is a first and final or final written warning. If any similar incidents occur, or any other matter is brought to the College’s attention, which constitutes an act of Gross Misconduct under the Student Disciplinary Procedure, you may be immediately excluded from the College without any further hearing taking place.

(B)** The decision of the hearing is:1. That no further action be taken against you and you be allowed to return to the College with effect from (insert date) or 2. You be allowed to return to the College with effect from (insert date). Add any conditions – see** below such as written warning or final written warning.

18

In conclusion I would draw your attention to section 6 of the Student Disciplinary Procedure which details the circumstances under which you may lodge an appeal against the hearing’s decision. Yours sincerely

Chair of the Hearing cc Parent/Carer/Employer (where applicable NB. In dismissing the allegation the hearing may decide that the student’s behaviour/action was unacceptable and whilst not constituting an act of Gross Misconduct warrants a written warning or final written warning or other action such as an apology.

19

Behaviour managed in classroom. Appendix 7: 14-16 Behavioural Policy Student referred to 14 – 16 Team via referral

Incident is minor e.g. lateness, no equipment etc. Mentor discusses behaviour with the student and also identifies any possible pastoral concerns. Verbal warning issued if necessary.

Incident is more serious e.g. health and safety issue, refusal to participate or follow instructions, offensive or aggressive attitude or actions etc. Or verbal warning already issued and no progress made. Or any persistent low level issues. Pastoral Action Plan (PAP) issued with SMART targets negotiated with the student.

Tutor and Mentor to discuss outcome and tutor to feedback on

Mentor sends PAP to tutors, school and parents/carers.

Tutors to feedback on progress. Mentors to follow up and review.

Intervention is successful, targets are met and no further action is required.

Incident is very serious e.g. violent incident, serious bullying, illegal drugs or weapons brought to college etc. Or PAP issued and no progress made. Stage 3 meeting arranged.

Stage 3 meeting held with Programme Manager, parent/carer, representative from high school and Mentor. Mentor to present evidence of previous intervention or statements regarding serious incident and advocate for student. Programme Manager to issue final warning or make recommendation for withdrawal.

Final warning has been issued and conditions not met. Stage 4 withdrawal meeting held to discuss reasons for withdrawal with PM, parent/carer, representative from high school and Mentor. 20

Appendix 9

TO THE EXECUTIVE SUPPORT TEAM REPORT OF A DISCIPLINARY PANEL HEARING

Name of Student

School

Details of Allegation ie Date, Nature of Allegation, Date of Suspension

Date of Hearing and Names of the Hearing Members

Outcome of the Hearing ie Final Written Warning, Limited or Indefinite Exclusion

Any other relevant matters

State if the Police were involved and if so what action they have taken

Name and Signature of the Panel Chairman

Date

21

Appendix 10

Learning/Behavioural Agreement.

The purpose of this agreement is to provide:  

The student with a clear set of conditions which must be met, in full, throughout the length of the agreement to ensure standards of behaviour and/or performance are improved. The course tutor with the responsibility to review progress against these conditions at regular intervals. THIS LEARNING/BEHAVIOURAL AGREEMENT HAS BEEN PRODUCED UNDER THE PROVISIONS OF THE STUDENT DISCIPLINARY PROCEDURE IN RESPONSE TO UNACCEPTABLE CONDUCT BY THE STUDENT. The under mentioned conditions must be met in full by: First name(s)……………………………………………………….. Surname…………………………………………………………………. Date of Birth……………………….Enrolment No……………………. Date Agreement becomes Operative………………………………… Date Agreement Terminates (Insert agreed date or ufn)…………… Frequency of Reviews (Insert fortnightly etc ………………………... Name of College Staff Member reviewing progress………………………………………………………………….. Faculty/School…………………………………………………………...

Learning/Behavioural Agreement Terms: 1. Adherence to the College Charter. 2. Comply with the College Student Absence Code. 3. Comply with College Regulations for attendance, punctuality and study requirements. 4. Insert other conditions as appropriate ie No future incidents of verbal abuse of fellow students. 5. Ditto 4 above eg No future misuse of College Equipment. 6. Ditto 4 above eg Formal apology to student verbally abused.

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Review Dates 1………………..2………………..3……………….. 4………………..5………………..6………………..7……………….. I agree to meet the conditions of this Agreement Student Signature……………………………………………………. Date signed……………………………………………………………. In the presence of (Full name and position at the College)…………………………………………………………………

A copy of this agreement must be given to:  The student  The Head of School  The Course Tutor  Parents or Carers (where appropriate)  Employer (where appropriate)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Appendix 11

RECORD OF STUDENT DISCIPLINARY INTERVIEW First Name…………………………..… Surname………………………….... Date of Birth……………………… Age………… Address……………………………………………………………………………………… ………………………………………………….. Male/Female……………………………….Ethnicity………………………………………..

(delete where appropriate) First/Second/Third Stage conducted by………………………………………………………………………………………….. Date of Interview…………………………. Present at interview (names and status) ……………………………………………………………………………………………… ……………………………………………………………………………………………… …………………………………... Summary of evidence: e.g. Students were caught fighting

Summary of student statement: e.g. They admitted their inappropriate behaviour and apologised.

Any other material comments.

Recommended disciplinary action and date(s) of any Written Warnings, Learning/Behavioural Agreement : e.g. Final written warning and improvement contract. Faculty action plan to improve behaviour of students.

Signature of Staff Member conducting interview …………………………………………………………………………………………

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Appendix 12

CITY COLLEGE NORWICH STUDENT DISCIPLINARY PROCEDURE Purpose and Scope The purpose of this procedure is to enable College staff to deal with student disciplinary issues in a consistent and fair manner. It provides for the orderly investigation and resolution of cases of alleged unsatisfactory conduct and will be initiated:(e) When a student is alleged to have broken College rules, regulations and procedures. (f) When a student is alleged to have breached the Equality Statement (available on the College website, blackboard and the student handbook). (g) When gross misconduct is alleged (see para 4.4.1). (h) For students in the 14 – 16 age group please refer to the 14 -16 WRL Behavioural Policy. 2

Exceptions

2.1

Minor infringements of discipline should be dealt with by either the student’s Personal Tutor or the Programme Manager

2.2

In cases of irregular attendance or persistent student absence the College Student Absence Procedure should be referred to and applied.

2.3

Failure to submit work in accordance with study guidelines. In such cases if the Head of School considers exclusion this must be discussed with the Principal prior to the hearing. The Principal will then be consulted after the hearing before exclusion can be invoked.

2.4

Students who have a medical condition, Learning difficulty or disability which could be related to their lack of discipline. In such cases the Admissions and Review panel should be convened. See the separate Admissions and Review panel Procedure for details.

3

Initial Decision Making The Head of School will need to decide, based on the information available, whether an alleged incident warrants application of the formal disciplinary procedure and if so, at what stage (see below). Further investigation by the Head of School may be needed before making this decision. The purpose of the investigation is to ascertain promptly the facts and circumstances relating to the alleged incident, to record the findings, and to make a judgement as to whether the disciplinary procedure should be invoked. If, in the judgement of the Head of School, disciplinary action is not to be invoked then no record should be maintained on file. 25

Due account should be taken of the stressful nature of a disciplinary investigation and, if it is thought appropriate, a member of staff or Student Union official unconnected with the original complaint and disciplinary processes should advise and support the student. Depending upon the severity of the incident, the disciplinary procedure can be implemented at any stage. For example a case of gross misconduct would warrant a disciplinary hearing as the initial response. In exceptional circumstances it may be necessary to suspend a student pending the outcome of the disciplinary hearing. In such cases reference must be made to a member of the Executive Team. If suspension of a student is agreed the procedure detailed below must be followed. 4

The Disciplinary Framework

4.1

Stage One – Verbal Warning For a minor breach of College regulations a verbal warning may be considered sufficient. If so, it should be delivered in private by the student’s Personal Tutor. The student will be told why his/her behaviour does not meet an acceptable standard and made aware of what he/she has to do in order to meet that standard. Such issues as disruptive behaviour in the classroom, persistent use of mobile devices and repeated failure to carry a college identity card may need to be dealt with in this way and separate guidance is available for these.

4.2

Stage Two – First Written Warning For a more serious breach of College regulations, or for further breaches after a verbal warning has already been issued, a written warning should be given to the student. This should be from the Head of School and in the case of students aged under18 it must be copied to their parents/carer. It will include the student entering into a signed Learning/Behavioural Agreement. For sponsored students their employer must also be advised. A copy of the letter should be kept on the student’s file for the duration of their course.

4.3

Stage Three – Final Written Warning A final written warning should be given to the student for a breach of College regulations considered serious enough to issue a severe written warning as the first response, but not sufficiently serious to warrant a disciplinary hearing, or for further breaches of regulations by a student who has already received a written warning. The letter should be from the Head of School and copied to parents/carer/employer where appropriate (see 3.2. above). For a student who has not previously been required to enter into a signed Learning/Behavioural Agreement this should be included. Where a student has already entered into a Learning/Behavioural Agreement consideration should be given to revising its conditions. For sponsored students their employer must also be advised. A copy of the letter is to be kept on the student’s file for as long as they remain a student at College.

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4.4

Stage Four – Disciplinary Hearing

4.4.1 A disciplinary hearing will be held in the following circumstances:(c) A student’s conduct continues to be unsatisfactory despite warnings. (d) A student commits an act of gross misconduct. Examples of gross misconduct may include: Physical or verbal assault whilst on College premises or College related activities.  Harassment or bullying (see separate Bullying and Harassment Policy (Learners) for more guidance).  Possession of or dealing with illegal substances.  Alcohol abuse.  Vandalism.  Theft.  Abuse or misuse of computer equipment;  Infringement of the College Equal Opportunities policy.  Behaviour which brings the College into disrepute. This is not a definitive list. 4.4.2 If it is alleged a student has committed an act of Gross Misconduct, the matter is to be reported immediately to a member of the Executive Team who will decide, on the information available, if the student should be considered for suspension. Subsequently and wherever possible, the Head of School will interview the student concerned, who should be given the opportunity to state their version of events. Following this meeting if the Head of School determines that further action is necessary they must consult a member of the Executive Team to confirm the Disciplinary Procedure is to be invoked and if so what is the most appropriate method of dealing with the matter i.e. Stage 1 to 3 or a Disciplinary Hearing. The member of the Executive Team will review the allegation and confirm if the student should be suspended. The suspension of a student will always lead to a Disciplinary Hearing. At this stage the Head of School will also agree with a member of the Executive Team if they need to attend and chair the hearing which will be necessary if it is thought that the student could be excluded. If the student is to be suspended then they are to be verbally informed of the suspension. In some cases it may not be possible to see the student i.e. they have left the campus. In such instances every effort should be made to speak with them on the telephone. They should be informed of the nature of the allegation and that the suspension will be confirmed in writing. A copy of this procedure must be included with the letter. For students aged under 18 the letter must be copied to their parents/carer. 27

If the student concerned has not already given a statement of their version of events the letter must invite them to submit this to the Head of School. 4.4.3 Following the students suspension the Head of School will be responsible for: Monitoring the students period of suspension.  Ensuring that all appropriate witness statements, interview notes, reports are collated.  Ensuring all appropriate witnesses are requested to attend the disciplinary hearing.  Normally incidents, however serious, will be dealt with by the College under this procedure. There may, however, be cases where it is clearly the duty of the College to report the matter to the police. Where the Head of School feels the alleged offence warrants the police being involved and to ensure the College adopts a consistent and uniform approach to these incidents, the matter is to be discussed with a member of the Executive Team, whose agreement must be obtained.  Arranging with one of the following members of staff for them to chair a hearing to be held at the earliest possible date. A rota for the next person to chair is held by the Secretariat Services Team:Heads of School / Centre Directors Head of Higher Education and CCNQ 

 

4.4.4 

  



This will normally be within 2 weeks of the suspension of the student and only in exceptional circumstances will this deadline be extended i.e. student/witnesses not available because of holidays, sickness etc. In all cases where an extension is required the matter is to be discussed with the Principal or a member of the Executive Team, whose agreement must be obtained. Liaising with the Chair regarding statements that are required and witnesses who will be requested to attend. Advising the suspended student of the date of the hearing, ensuring that 5 working days’ notice is given The suspended student should be informed in the letter of the following:The date, time and place of the hearing. The place will normally be on College premises. NB. The Head of School may need to book additional rooms to ensure that the suspended student and any witnesses etc. they might have requested are kept separate from any other parties. The nature of the allegation A contact telephone number The student is entitled to be accompanied by a family member/friend or representative. Where a student wishes to bring more than 2 representatives the Head of School in consultation with the Chair (see above) have discretion. The student must give at least 2 days’ notice to the Head of School and the names and relationship of anyone accompanying them. The student is entitled to call witnesses. The student must give at least 2 days’ notice to the Head of School and the names of any witnesses they are calling. 28



Advise the student if the College has or will be relying on statements it has collected and the names or any witnesses it proposes calling. The student is to be advised that they should arrive at least 30 minutes before the hearing in order that they can read any statements etc. the college has collected. NB. Statements will not be sent to suspended students prior to the hearing as a matter of course. This is in order to protect the persons giving them. They must, however, be made available for reading by the suspended student prior to the hearing and the chairman must ensure the student has had adequate opportunity to read and understand the contents before the hearing commences. Similarly, in exceptional cases the names of witnesses the College proposes calling may be withheld until the hearing. The Chair should then advise the student at the hearing of the names of witnesses who have been called and the reason(s) why their names were withheld.

4.4.5

The hearing will be chaired by another Head of School / Centre or a Director who shall be drawn from the list as detailed in 4.4.2. The hearing must be minuted by a member of the Secretariat Services Team designated by the Secretariat Services Team Leader.  

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The hearing will be conducted as follows:Prior to the hearing the suspended student (and if the allegation is that an act of Gross Misconduct was committed against another student then that student as well), must be given the opportunity of reading all statements. The Chair should then invite the suspended student and if present, their representative(s) to join the hearing. The Chair will deal with any introductions and procedural points. The Chair will detail the allegation(s) against the student, how the hearing will be conducted, the names of any persons involved and witnesses and when and in what order any other person involved or witnesses will be called. The Chair and/or the Head of School may put questions to any students, their representatives and witnesses. The suspended student (and with the Chair’s agreement) their representative(s) may put questions to any other student, their representatives and witnesses. This procedure will also apply to any other student involved. When the Chair is satisfied everyone has been heard and there are no more questions, the hearing will then sit in private to consider if the allegation is substantiated and if so what sanction(s) will be imposed. In arriving at their decision the hearing will take in to account the nature of the allegation, all statements both written and verbal and any mitigating circumstances. Once a decision has been arrived at the suspended student will be invited to re-join the hearing and will then be advised of its decision. This may include:o Allowing the student to return to the college o A first and final written warning regarding future behaviour. o Entering into a Learning/Behavioural Agreement (A compulsory requirement when a student is allowed to continue at the College) o Suspension for a defined period 29

o A request for permanent exclusion or exclusion for a set period of time (as detailed in 2.3) o Restitution NB. Conditions may be set e.g. a formal apology, counselling, support etc. 

 

The Chair will be responsible for communicating the decision to the student within 5 working days by letter, copied to parents/carer/employer where appropriate (see 4.2. above). This letter must detail the student’s right of appeal (see 5 below). The Chair will also be responsible for ensuring that a report of the hearing is compiled and sent to the Principal. The papers will be stored electronically by the minute secretary in a central area. The Head of School for the learner’s curriculum area is to be responsible for ensuring the outcome of the hearing is implemented and any appropriate advices are issued. This is completed at the time of the hearing by the Head and given to the minute secretary to arrange. This is particularly important when a student is excluded from the college. In this case an advice of the student’s exclusion should always be sent to the following:o o o o o o

Executive Team Director of IT Services Library Services Manager Director of Campus Services Director of Finance Director of MIS Admissions and Examinations

The Head of School should also ensure that where an allegation is substantiated, the student’s file and eILP is suitably annotated and the record remains for as long as they remain at the College. 4.4.6

If the student fails to attend the hearing without offering an acceptable explanation, then it shall be conducted in their absence.

4.4.7

If for any reason the Chair decides a witness need not attend (e.g. there may be grounds for suspecting intimidation etc.) or any witnesses are unable to attend, they will be entitled to submit a written statement to the Head of School at least 2 days prior to the hearing. The statement(s) will be read out by the Chair at the hearing and any appropriate parties asked to comment on the statement(s). Alternatively if a witness is prepared to attend but not appear before a suspended student and his/her representative, then at the discretion of the Chair, the hearing may see the witness on their own. In either case the suspended student should be informed of this action at the start of the hearing.

4.4.8

If at any time a student admits to an allegation of gross misconduct in writing, the matter can proceed immediately to a hearing. The hearing will be arranged and conducted in accordance with the procedure detailed in 4 above and its subsequent sections, with the following differences: The Chair of the hearing must be satisfied the student understands the allegation(s) and to what they are admitting.

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  

Apart from statements collected prior to the admission no, other statements need be taken. Witnesses need not be called. The student will be allowed to be accompanied and bring a representative as detailed in 4.4.4 above

4.4.9

The Chair’s decision in all matters shall be final.

5

Right of Appeal Students have the right to appeal against the decision of the disciplinary hearing on the following grounds: a. They have new evidence which is likely to alter the balance of the case and had valid grounds for not producing this evidence during the hearing; b. There has been misadministration in the conduct of the Disciplinary Procedure; c. They dispute the severity of the disciplinary action in relation to the seriousness of the misdeed. A student wishing to lodge an appeal must do so by writing to the Principal within 5 working days of receipt of the letter confirming the outcome of the disciplinary hearing (see 4.4.5). They should state the grounds for appeal (see above) and enclose any documents they wish to submit in support.

6

Appeal The arrangements for the appeal panel will be made by the Clerk to the Corporation. The appeal panel will comprise a College Governor, the Principal (or their nominee) and a member of academic staff, none of whom should have been involved in either the alleged incident or the earlier disciplinary hearing. The Governor will chair the panel and the Clerk to the Corporation or a secretary shall record minutes. The procedure to be followed will be as set out in 4.4.4 and 4.4.5 above with the exception that dependent on the grounds of the appeal it may not be necessary to call witnesses. The student will be informed of the outcome of the appeal in writing within 5 working days. If the appeal is upheld then the possible outcomes are: Delete all references to the disciplinary action from the student’s file. A copy of the appeal papers to be kept confidentially on the College central file for the duration of the student’s course, plus 6 years. This could apply in cases where the appeal was on grounds 5(a) or (b).  The disciplinary action is reduced and the record on the student’s file is updated accordingly. This could apply in cases where the appeal was on grounds 5(a) or (c).

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There will be no further right of appeal. 7

Police Involvement The College reserves the right to involve the police when any act of a criminal nature is alleged. In such circumstances a student may be suspended pending the outcome of police enquiries, without making assumptions of guilt or innocence in respect of the allegations. See also 4.4.3 above.

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Confidentiality All disciplinary hearings will be treated as confidential to the parties concerned. After the hearing (and appeal if applicable) all related papers will be disposed of confidentially an electronic copy will be held centrally and kept for the duration of the student’s course plus 6 years, whether the hearing finds against the student or not. Where an allegation is substantiated a record will also be kept on the student’s file and eILP for as long as they remain a student at College.

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